Chương III Luật Giáo dục nghề nghiệp 2014: Hoạt động đào tạo và hợp tác quốc tế trong giáo dục nghề nghiệp

Chapter III

TRAINING ACTIVITIES AND INTERNATIONAL COOPERATION IN VOCATIONAL EDUCATION

Section 1: FORMAL TRAINING

Article 32. Enrollment

1. A vocational education institution may determine its enrollment quotas according to requirements pertaining to quantity and quality of the teaching staff, training facilities and equipment which is conformable to the requirements related to socio-economic development and planning for human resource development.

2. The enrollment shall be carried out as follows:

a) The vocational education institution shall carry out the enrollment once a year or twice a year according to the determined enrollment quotas;

b) The elementary-level enrollment shall be carried in the form of admission;

c) The intermediate-level, or college-level enrollment shall be carried out in the form of admission or examination or the combination between admission and examination. The Principal of the vocational training school or vocational college may decide the shorlisting before performing the admission or examination according to the specific requirements of the major or vocation.

3. Cases of enrollment without examination at the college level include:

a) Students obtaining upper-secondary degrees or students who learned and passed the exams which satisfy the requirements pertaining to upper-secondary knowledge, or students obtaining at least very good elementary-level vocational degrees and they have registered the same major or profession

b) Students obtaining upper-secondary degrees or students who learned and passed the exams which satisfy the requirements pertaining to upper-secondary knowledge, or students obtaining at least good elementary-level vocational degrees, having at least two working experience and they have registered the same major or vocation;

c) Other cases as prescribed in Clause 2 Article 4 of this Law.

4. The Heads of vocational education authorities in the central government shall regulate the determination of enrollment quotas of the vocational education institutions and issuance of the enrollment regulations.

Article 33. Duration of training

1. The duration of training of elementary-level shall last from 03 months to under 01 year, provided that the minimum-learning hours are 300 hours with regard to students having education conformable with their vocations.

2. The duration of training of intermediate-level applied to year-based program shall last from 01 year to 02 years with regard to the lower-secondary graduates according to their majors or vocational training.

The duration of training of intermediate-level according to the accumulated duration of modules or credits is the time in which the number of modules or credits accumulated with regard to every training program.

If a student obtaining lower-secondary degree wishes to reach college education, he/she must learn and pass the exams which satisfy the requirements pertaining to upper-secondary knowledge.

3. The duration of training of the college-level applied to year-based program shall last from 02 to 03 years with regard to the upper-secondary graduates according to their majors or vocations; from 01 to 02 years with regard to the intermediate-level graduates according to their disciplines and the upper-secondary graduates or they have learned and passed the exams which satisfy the requirements pertaining to upper-secondary knowledge.

The duration of training of college-level according to the method of accumulation of modules or credits is the time in which the number of modules or credits are accumulated with regard to every training programs with regard to the upper-secondary graduates or the students who have learned and passes the exams which satisfy the requirements pertaining to upper-secondary knowledge.

4. The Minister of Education and Training shall regulate the upper-secondary knowledge which is required from the students wishing to study at the college-level.

Article 34. Training programs

1. A vocational training program must meet all requirements below:

a) Clarify the training objectives for elementary-level, intermediate-level, or college-level; introduce regulations on knowledge and skills of the graduates; scope and structure of curriculum, methods and types of training; methods of assessment of learning outcomes applied to every module, course credit, subject, major, or vocation and level;

b) Ensure the a scientific, modern, systematic, practical, and flexible program to adapt to the variation in the labor market; arrange reasonably the duration of body of knowledge and professional skills; ensure the connectivity in the national education system;

c) Update and supplement periodically the program conformable with the technology in production, businesses and services.

2. The Head of the vocational education institution shall have autonomy and take responsibility for compile or selection and approval for training programs of vocational education levels.

3. The foreign-invested vocational education institutions shall have autonomy and take responsibility for formulation and performance of training programs as prescribed in regulations of the Heads of vocational training authorities in central government.

4. The Heads of vocational education authorities in the central government shall regulate the minimum body of knowledge, requirements pertaining to qualifications of graduates of every vocational education level; process of formulation, assessment and issuance of training programs of elementary-level, intermediate-level and college-level.

Article 35. Training materials

1. Training materials of elementary-level, intermediate-level, or college-level shall concretize requirements pertaining to body of knowledge and skills of every module, credit, or subject in the training program, and facilitate the positive teaching methods. The Head of the vocational education institution shall decide to establish the assessment council of training materials; compile or select the training materials; approve the training materials used as official teaching and learning materials.

2. The Heads of vocational education authorities in the central government shall regulate the compilation, selection, assessment, approval and use of the vocational education materials.

Article 36. Requirements pertaining to training methods

1. The training methods applied to elementary-level must attach special importance to vocational practice skills and promotion of the positiveness and self-awareness of students.

2. The training methods applied to intermediate-level or college-level must combine the vocational practice skills and vocational knowledge; promote the positiveness, self-awareness, dynamic, independent working and working in groups; use teaching software and apply information technology and communication to teaching and learning.

Article 37. Training organization and management

1. The training program shall be a year-based program or a credit-based or module-based program. The vocational education institution shall have autonomy or take responsibility for implementation of year-based, credit-based, or module-based training program subject to the condition of the institution, provided that it must ensure the quality applied to every training program.

2. Any student accumulating enough modules or credits as defined in the training program shall be recognized as completion of the program; the accumulated modules or credits shall be recognized and he/she is not required to learn them again in other training programs.

3. The Heads of vocational training authorities in central government shall regulate the implementation of year-based, module-based, or credit-based training programs and association of implementation of training programs.

Article 38. Degrees and certificates in vocational education

1. |Degrees and certificates in vocational education shall be granted to vocational training graduates (at all levels). The degrees and certificates in vocational education shall be granted as follows:

a) A student finishing the training program at elementary-level may take an end of course test, if he/she passes the test, he/she shall be granted the Certificate in elementary-level vocational training by the Head of vocational education institution or an enterprise providing vocational training;

b) A student finishing the year-based training program at intermediate-level passes an graduation exam or a student finishing the module-based or credit-based training program as prescribed, the Principal of the vocational training school or vocational college shall be recognition of graduation and granted a Degree of vocational secondary schools;

c) A student finishing the year-based training program at college-level passes an graduation exam or protection of graduation thesis or a student finishing the module-based or credit-based training program as prescribed, the Principal of the vocational training school or vocational college, or higher education institution providing college-level shall be recognized as graduation and granted a Degree of college-level and recognition of practice bachelor or practicing engineers.

2. The vocational education institution shall print blank degrees/certificates and grant them to students; and announce information about the degrees/certificates on its website.

3. The Heads of vocational training authorities in central government shall provide regulations on tests, examination, and recognition of graduation; in forms of degrees/certificates, the printing, management, dispense, revocation, and cancelation of them; on responsibility of the foreign-invested vocational education institution in the grant of degrees/certificates in Vietnam; on mutual recognition applied to overseas vocational training graduates; and on procedures for recognition of vocational training degrees/certificates granted by the foreign vocational education institution.

Section 2: CONTINUING TRAINING

Article 39. Contract of training

1. A contract of training is an agreement concluded verbally or in writing on rights and obligations between the head of a vocational education institution, organization(s), individual(s) and students involving in the continuing training program as prescribed in Point a, b, c and d Clause 1 of Article 40 of this Law and when the enterprise employ and train workers in order for they to work for it.

2. A contract of training must contain:

a) Name(s) of vocation or vocational skills;

b) Location of training;

c) Duration of the course;

d) Tuition fees and method of payment of tuition fees;

dd) Responsibility for compensation in case of breaches of the contract committed by each party;

e) Termination of contract;

g) Other agreements which are not unlawful and immoral.

3. If the enterprise trains employed people to work for it, except for regulations in Clause 2 of this Article, the contract of training shall contain:

a) Commitment of trainees to the duration of working at the enterprise;

b) Commitment of the enterprise to employ the trainees after completion of training;

c) Agreement on working time and wage paid to the trainees who directly or indirectly make products for the enterprise over the duration of training.

4. The contract of training in the form of apprenticeship, except regulations in Clause 2 of this Article, there shall be agreement on the date on which the trainees are paid wage and the wages paid to learners in certain periods.

Article 40. Continuing training programs

1. Continuing training programs include:

a) Continuing training programs at the request of students; refresher courses in update and improvement of vocational knowledge and skills;

b) Training programs in the forms of apprenticeship;

c) Technology transfer programs;

d) Other training programs lasting under 03 months;

dd) Continuing training programs which grant degrees of college-level or vocational secondary schools and certificates in elementary-level vocational training.

2. A continuing training program must meet all requirements below:

a) The training programs prescribed in Point a, b, c and d Clause 1 of this Article must ensure the practicality and enable students to perform tasks of the profession which they have learned, improve the working productivity or conversion of vocations. The Heads of vocational education institutions, enterprises, or vocational training classes which provide training programs prescribed in Point a, b, c and d Clause 1 of this Article shall have autonomy and take responsibility for formulation and selection of their training programs.

b) The training program prescribed in Point dd Clause 1 of this Article must meet the requirements prescribed in Article 34 of this Law.

Article 41. Duration and methods of continuing training

1. The duration of programs prescribed in Point a, b, c and d Clause 1 of Article 40 of this Law depends on every program provided that it is flexible and appropriate to every student.

2. The duration of year-based programs prescribed in Point dd Clause 1 Article 40 of this Law may be longer than the duration prescribed in Article 33 of this Law.

3. The methods of continuing training must promote active roles, self-training capacity and experience of students; use modern equipment and information technology and communication in order to improve the quality and effectiveness of teaching and learning.

Article 42. Instructors of continuing training programs

1. The instructors of training programs prescribed in Point a, b, c and d Clause 1 Article 40 of this Law are educators, scientists, engineers, technical officials, craftsmen, skilled workers, or productive farmers.

2. The instructors of training programs prescribed in Point dd Clause 1 Article 40 of this Law are educators who satisfy the qualifications prescribed in Article 53 and Article 54 of this Law.

Article 43. Organization and management of continuing training

1. The organization and management of continuing training shall be carried out as prescribed in Article 37 of this Law.

2. The vocational education institutions, enterprises, or vocational training classes may provide training programs prescribed in Point a, b, c and d Clause 1 Article 40 of this Law.

3. The vocational education institutions or higher education institutions providing colleges may provide training programs prescribed in Point dd Clause 1 Article 40 of this Law if they have provided formal training and they are permitted by the training authority.

4. The Heads of vocational education authorities in the central government shall provide guidance on continuing training.

Article 44. Degrees or certificates in continuing training

1. The continuing vocational training programs prescribed in Point a, b, c and d Clause 1 Article 40 of this Law shall apply tests or exams when the modules, subjects, or programs are finished depending on every program, which decided by the Heads of vocational education institution, enterprises, or the Heads of organizations or individuals providing vocational training classes.

2. The tests, exam or issuance of degrees or certificates in vocational education pertaining to the training program prescribed in Point dd Clause 1 Article 40 of this Law shall be carried out as prescribed in Article 39 of this Law.

3. The students finishing the continuing training programs prescribed in Point a, b, c and d Clause 1 Article 40 of this Law shall be issued the certificates in vocational training by the Heads of vocational education institutions, enterprises, or vocational training classes. The certificate in vocational training must contain content of vocational training and duration of courses.

Article 45. Vocational training classes

1. The vocational training classes shall be established by organizations or individuals to provide training programs prescribed in Point a, b, c and d Clause 1 Article 40 of this Law.

If the vocational training class is established according to the order of the State, the organization or individual establishing the vocational training class must meet the requirements prescribed in regulations of the Heads of vocational education authority in the central government.

2. If the organizations or individuals establishing vocational training classes meeting all requirements prescribed in Clause 2 of this Article, they shall benefit from incentive policies below:

a) Expenditures on operation of the vocational training classes shall be subtracted from taxable income in accordance with regulations of law on taxation.

b) They are eligible to participate in vocational programs or projects of the State if they meet all requirements as prescribed;

c) They are eligible to issue certificates in vocational training to students;

d) They are eligible to assign vocational instructors to attend pedagogical refresher courses, update technology knowledge in their majors;

dd) The students shall be provided training support if the vocational training classes belong to vocational training programs or projects of the State.

3. A vocational training class satisfying the following requirements shall benefit from incentive policies of the State:

a) It has facilities, equipment, instructors, and training programs in conformity with the training vocations;

b) It has sent a report on vocational training operation to the People’s Committee of the commune, ward or town where the vocational training class is located.

Section 3: INTERNATIONAL COOPERATION IN VOCATIONAL EDUCATION

Article 46: International cooperation objectives in vocational education

1. Improve vocational training quality oriented to modernity, access advanced vocational education level of the regions and the world.

2. Enable vocational education institution to develop stably, provide qualified and skilled human resources to serve the industrialization and modernization of the country.

Article 47: Types of international cooperation in vocational education

1. Educational association.

2. Establishment of representative offices of the foreign vocational education institutions in Vietnam.

3. Cooperation in scientific research, technology transfers and organization of scientific meetings or seminars.

4. Provide fresher courses for or exchange educators, administrative officials of vocational education and students.

5. Exchange of information about training operation; provision of training programs; exchange of publications, materials and outcomes of training operation.

6. Participation in regional and international educational organizations or non-trading partnership.

7. Establishment of representative offices of the Vietnamese vocational education institutions overseas.

8. Other type of cooperation as prescribed in regulations of law.

Article 48. Training association with foreign institutions

1. Training association with foreign institutions means the formulation and provision of the training association programs between Vietnamese vocational education institutions and foreign vocational education institutions without establishment of new legal entity in order to provide training programs and issue degrees or certificates in vocational education.

2. The training program used in training association with foreign institutions is the foreign training program or the program formulated by two parties. The training program shall be provided wholly in Vietnam or partly in Vietnam and partly overseas. The Head of the vocational education institutions shall approve the training program used in the training association with foreign institutions.

3. The vocational education institution associated with foreign vocational education institutions must obtain a certificate in registration of training association and satisfy requirements pertaining to teaching staff, facilities, training equipment, programs and content of training.

The foreign vocational education institution associated with the Vietnamese vocational education institution must obtain a quality evaluation certificate in vocational education issued by a foreign quality assessment agency or recognized as prescribed in regulations of the Head of vocational education authority in the central government.

Specific requirements, competence, or procedures for issuance of certificate in registration of training association with foreign institutions shall comply with regulations of the Government.

4. In case the training association programs with foreign institutions are suspended from enrollment or terminated because the institutions fail to satisfy requirements prescribed in Clause 3 of this Article, they must make a refund of fees to students, pay teaching salaries, ensure other lawful rights and interests of students, teaching staff, civil servants, and workers according to their labor contracts or collective bargaining agreement; and pay tax liabilities and other liabilities (if any).

Article 49. Representative offices

1. The representative office of a foreign vocational education institution shall represent that institution.

2. The representative office has following tasks and entitlement:

a) Enhance the corporation with Vietnamese vocational education institutions through corporation programs and projects in the vocational education sector;

b) Organize activities of exchanges, consultancy, and exchange of information, seminar, or exhibition in the vocational education sector in order to introduce the foreign vocational education institution;

c) Expedite and observe the performance of agreement on vocational education corporation concluded between the foreign vocational education institution and Vietnamese vocational education institution;

d) Do not conduct vocational education operation which directly profit in Vietnam and do not establish any branch which is affiliated to the representative office of the foreign vocational education institution in Vietnam.

3. The foreign vocational education institution shall be granted license for establishment of a representative office in Vietnam if it:

a) Has legal status;

b) Has principles and operation purposes;

c) Has operated vocational education for at least 05 years in its home country;

d) Has Regulation on the organization and operation of the prospective representative office in Vietnam in accordance with regulations of Vietnamese law.

The Heads of vocational education authorities in the central government shall regulate the procedures for dissolution or permission for dissolution of vocational education institutions.

5. The representative office of foreign vocational education institution shall terminate its operation at the request of the foreign vocational education institution or be terminated in the following cases:

a) The deadline stated in the license expires,

b) The licensed is revoked because the representative office has not operated after 06 months, from the date on which the license is granted for the first time or after 03 months, from the date on which the license is granted extension;

c) The application for representative office establishment license is falsified;

d) Conduct operation other than operation stated in the license;

dd) Commit violations against other regulations of Vietnamese law.

Article 50: Policies on development of international cooperation in vocational education

1. The State shall expand and develop international cooperation in vocational education according to the rules of respect for national sovereignty and mutual benefits.

2. The State shall enable foreign organizations or individuals, international organizations, overseas Vietnamese to teach, study, invest, finance, cooperate, apply science or technology transfers in vocational education in Vietnam; they are protected their lawful rights and interests as prescribed in Vietnamese law and the international agreements to which the Socialist Republic of Vietnam is a signatory.

3. The Government shall provide guidance on international cooperation in vocational education.